56B. Referral by court
Feedback & supportLast amended by an amending law of 2009.
Upon the court adjourning a bankruptcy application made against a debtor and referring the matter to the Official Assignee under section 65(7) or 67(3), the Official Assignee shall take such steps as are necessary to —
review the suitability of the debtor for a debt repayment scheme; and
where the debtor is suitable, implement the debt repayment scheme in accordance with this Part.
The Official Assignee shall report to the court of the debtor’s unsuitability for a debt repayment scheme if —
Official Assignee
“Official Assignee” includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
the aggregate of the debtor’s debts exceeds $100,000 or such other amount as the Minister may, by order published in the Gazette, specify;
the debtor does not meet any of the qualifying criteria specified in paragraph (b), (c), (d) or (e) of section 65(7) or 67(3), as the case may be;
the debtor, knowing or believing that a false or an inaccurate debt has been claimed by any person against him under this Division, fails to inform the Official Assignee;
the Official Assignee becomes aware of any circumstance referred to in section 56M(1)(a), (b), (c), (d), (h) or (i); or
the Official Assignee is satisfied that the debtor is not suitable for a debt repayment scheme for any other reason.
Subsection (2) shall cease to apply upon the commencement of a debt repayment scheme in respect of the debtor under section 56E(1).
debt
“debt” means any debt, or any liability to pay money, which is unsecured, present, certain, and of an amount that is fixed or liquidated;